Houston Maritime Attorney

Allow Us To Fight On Your Behalf To Seek The Compensation You Deserve

The complex and vast marine law world requires expertise and experience. For marine personal injuries, the people often end up at sea in unknown waters, facing specific challenges that require special legal assistance.

If it’s a boating accident or commercial dive mishap or an incident which is covered under the Jones Act, understanding the intricate maritime rules is vital.

Our Houston maritime lawyer is committed to defending seamen, harbor employees, oil rig personnel, as well as others who are maritime experts. A deep knowledge of the maritime sector We are dedicated to safeguarding your rights by making sure you receive fair compensation as well as helping you navigate the legal challenges of personal injury claims involving maritime vessels.

Our practice areas span an extensive range of maritime concerns. From single boat wrecks to huge offshore activities, we carefully analyze every situation in order to assure that our clients get all the legal assistance they require. We’ll give you an outline of our sub-practices:

Every area is a unique element of maritime activities, and our staff is equipped to provide you with individual attention and the care to your particular case. We have the experience and expertise needed in navigating these waters and work with us in order to accomplish the justice you’re entitled to.

The marine industry has the risk of a high-risk character. With this in mind legislators have worked to warrant that seamen receive enough insurance coverage should they suffer injuries sustained in the maritime environment. Maritime Law is built on the idea of obtaining the compensation of those that have suffered injuries in marine or offshore work and typically is composed of four main components:

Jones Act
Death on the High Seas Act
Limitation of Liability Act
Longshoreman and Harbor Workers’ Act

MARITIME LAW HISTORY

Because maritime commerce is a long-standing practice and practice, there are also rules and regulations that govern the practice. Although no original text was preserved through over the centuries, Rhodian Law is considered to be among the first transcriptions of the maritime law as it was referred to through Roman and Byzantine laws.

Southern Italy had the Ordinamenta et consuetudo Maris which was in place from 1063 AD. The other major sponsors of maritime law could be discovered from Europe through the French queen Eleanor of Aquitaine. As she was on crusade alongside her husband the King Louis VII, she learned about maritime law on the east coast of the Mediterranean then later enacted it on Oleron, the island. Oleron.

It wasn’t until 1789, however, that admiralty (aka maritime) law was incorporated into the US Constitution through a variety of maritime disputes that led to the passing of the Constitution. Many American lawyers that played an integral role during that American Revolution were also admiralty lawyers during their day to daily lives, such as Alexander Hamilton and John Adams.

MARITIME PERSONAL INJURY

The law of maritime covers those who were injured and help the injured to receive compensation benefit in medical treatment. Injuries sustained while on the navigable waters, in ports and docks is covered by the maritime law. The Houston maritime lawyers of Kolodny Law Firm Kolodny Law Firm have the expertise to benefit to navigate the maze of maritime law to protect employees who are injured by:

Tugboats Accidents
Barge Accidents
Cargo Ship Accidents
Commercial Fishing
Vessel Accidents
Shipyard Accidents

WHAT TO DO AFTER A MARITIME INJURY

Following a sea-related injury it is possible that you are thinking, what next? A marine accident can take the victim by surprise, leaving the injured person unable to perform your job, and uncertain of the next steps. Each case is distinct but you may use these steps to provide an outline of how to move ahead.

SEEK MEDICAL ATTENTION

It is likely that your injury from maritime required medical attention, however just as crucial to that initial care is the need to keep it going and continue to pursue any diagnostic tests or treatments. maritime injuries can be very extremely severe and need many therapy and healing time. Treatment for medical issues could consist of:

A visit to an emergency room
Orthopedic care,
Surgery,
Rehabilitation and therapy
Pharmaceuticals,
Neurological care,
The treatment for burning, and
More.

A complete and accurate medical assessment and diagnosis may help speed your recovery, and benefit to seek out compensation in the future.

REPORT THE INJURY

It is imperative to immediately inform your employer and the relevant maritime authorities immediately of the incident as well as the injuries. Your employer may prepare an injury report to be used for insurance purposes. Always get a copy of the report for the records.

DOCUMENT THE INCIDENT

If possible take photos and videos, it is important to document the incident scene. Even though this isn’t always feasible if you’re severely injured, it is possible to collect evidence, capture pictures and videos and gather witness testimony from your coworkers as well as anyone else who could be present at the scene.

Even if you’re not able to take note of it in the moment, writing down the details you remember in the immediate prior and subsequent to the incident, or even in the future is useful. Keep track of any camera footage that could have recorded the incident. The footage could prove invaluable in the future.

PRESERVE EVIDENCE

If you gathered evidence on the spot or have gathered important details and documentation later it’s important to save any evidence. Maintain copies of medical reports, bills, and police reports as well as communication to insurance adjusters or with your employer. All of this information should be kept in one area.

CONTACT A HOUSTON MARITIME ATTORNEY

According to the Jones Act, maritime employers could be held liable in the event that they cause injury to someone else through their negligence. This is why defendants, employers, as well as insurance companies, are eager to delay, deny and fight any claim. Consult with a knowledgeable maritime law attorney as early as you can will assure that you are protected by your legal rights.

FILING A MARITIME NEGLIGENCE CLAIM

A claim for maritime negligence can push on similar to a negligence lawsuit.

The process is comprised of three key stages.

Examining the cause of the accident. The first step is to find out if you employer is negligent, and then determine the reason for the incident.
Make a claim. Once you determine the root of the incident and determine who could be responsible and the responsible parties, you are able to file an right claim with the correct place.
Show your the case. Once you have initiated a lawsuit or claim the burden falls on you as the plaintiff who suffered injury to establish that negligence of the defendant resulted in your injuries. For cases of potential negligent employers, like in the Jones Act, proving your case is less difficult due to the fact that the burden of proof is smaller.

The maritime attorney you choose to work with can assist you in the legal procedure all the way through from investigating the cause of the accident as well as filing your claim negotiations with insurers, arranging the discovery process, and dealing with all legal proceedings.

STATUTE OF LIMITATIONS FOR MARITIME INJURY CLAIMS

In general, if a person’s reckless conduct causes you harm and you suffer injury, you are entitled to 2 years after the time of the incident to bring an injury claim. In the event that a third party (e.g. or an the outside vendors) or a defective product (e.g. an inoperable forklifts or a defective harness) has caused you to suffer injury. If that is the case it is likely that you have two years to start your claim.

But, the timeframe is different under two federal laws that may be applicable to your particular situation. In the Jones Act, offshore workers who are injured on vessel, ship or rig could be granted up to three years from the time of accident to bring a suit.

In accordance with the LHWCA the law requires you to make a claim within one year after the incident. A year could quickly go through when you’re recovering from an injury that is severe as well as trying to re-build your life.

Contacting an attorney as soon as you can following the accident is a sure way to ensure you don’t miss the filing deadline. If you fail to submit your claim before the due date could prevent you from recovering any damages at all.

Practically speaking, investigating your claims earlier than later will be accurate as evidence will be much more easily accessible and your memory will remain new.

COMMON INJURIES SUSTAINED BY MARITIME WORKERS

It is almost impossible to sustain any kind of injury during a maritime accident. We do see some kinds of injuries more frequently for the maritime industry. Three main types of injury: physical and repetitive stress injuries as well as environmental injury.

PHYSICAL INJURIES

The physical injuries you suffer are the ones that people typically consider when you hear the term “accident.” Physical injuries caused by maritime accidents can involve fractured bones, back injuries as well as head trauma that can result in head trauma as well as burns, injuries as well as paralysis. These injuries range from minor or temporary, to serious and long-lasting. In addition, it is commonplace to suffer several injuries at the same time.

REPETITIVE STRESS INJURIES

The work of maritime professionals frequently involve performing the same duties and routine daily activities. In particular, repetitive everyday activities can result in accidents and injuries, such as the carpal tunnel, joint discomfort tennis elbow, rotator Cuff tear and trigger finger. The injuries may be difficult to prove they are caused by a particular situation. A skilled attorney advocating on your behalf will benefit warrant you are awarded the right amount of compensation for the repetitive stress injury.

ENVIRONMENTAL INJURIES

The maritime workers are more prone to injuries caused by exposure to toxic fumes as well as exposure to chemical compounds and dangerous materials found on ships docks, rigs and ships. Exposure to chemicals for long periods may cause burns as well as respiratory ailments.

The most frequent kinds of maritime accidents be:

Collisions,
Crane accidents,
Excessive fires and explosions
Drownings,
Instances of fishing,
Equipment failures,
Crush accidents and falling objects,
Grounding the ship and
A vessel can be swept overboard.

A safe workplace is essential to stopping these injuries. Employers need to adhere to strict guidelines for safety and deliver the proper training and equipment for safety. When working in the maritime industry it is crucial to wear safety gear and adhere to the correct guidelines.

MARITIME LAW FEATURES

MAINTENANCE AND CURE

Maintenance is a legal obligation shipowners are bound by maritime law. It is their responsibility to grant the seaman with daily expenses during the time he’s recovering or healing from injuries. When a seaman becomes able to work and is expected to offer himself or herself with maintenance.

The obligation of cure requires the employer responsible to offer additional the employee injured with medical aids and medications that will boost the ability of the employee to perform, including mobility aids, wheelchairs, and pain medication. These can include the long-term treatment as well.

PERSONAL INJURY TO PASSENGERS

passengers on vessels that are maritime which include cruise vessels, are entitled to a obligation of reasonable care from the ship’s owner. In this regard, the passengers have to provide evidence that the shipowner had a fault and negligence caused the injuries. Although most cases involving injuries have the longer time limit however, certain cruise vessels have longer statutes of one year. These may have to file suit in the specific location like Miami and Seattle.

Other attributes are:

Marine liens and mortgages
Salvage and Treasure Salvage

An experienced maritime law attorney on your side can be crucial in seeking the money you’re entitled to following an injury during a maritime collision. Lawyers of Kolodny Law Firm Kolodny Law Firm have the expertise to benefit assist you in obtaining the right and equitable compensation.

RECOVERING COSTS AND DAMAGES IN MARITIME NEGLIGENCE CLAIMS

Injuries sustained in an offshore incident can bring an enormous, and at times, expensive long-term expenses. The immediate costs of losing wages, medical bills as well as monthly costs are one of the problems an injured person could confront, however there are many instances which result in long-term and possibly even lifetime cost of rehabilitation. In the Kolodny Law Firm, our skilled Houston maritime lawyers are able to determine the costs that you can seek compensation to cover, such as:

In-home care
Hospital expenses
Rehabilitation for long-term
Vocational Rehab
Counseling with emotional problems
Earning capacity and lost wages

DAMAGES IN A MARITIME NEGLIGENCE CLAIM

If you win If you are successful, the amount of damages you could get if you can establish your maritime negligence claim may be huge. The amount you receive can differ significantly from one case to the next. In general, you are legally entitled to three kinds of compensation: economic, noneconomic as well as punitive.

Economic and non-economic damage are compensatory damages designed to pay a victim back their loss.

Economic damages can be a form of compensation to:

Future and past medical costs,
Unemployment to date
Home and car changes, and
Loss of future earnings capacity.

The economic damages can be fairly easy to estimate by adding receipts, invoices and estimates. The more serious the injuries more severe the injury, the greater your economic damage will be. If, for instance, you have severe burns, it is likely that you’ll require significant medical care over a prolonged time. This will add over time and add to the economic damage you suffer.

Noneconomic damages are compensation for:

Suffering and pain,
Emotional distress,
A loss of enjoyment,
Consolidation loss,
Mental anguish.

Noneconomic damage may be significant and generally greater than damages for economics however, they can be more difficult to quantify, and therefore they are more susceptible to discussion and negotiations. Because they are subjective and specific to the person suffering It is harder to establish the value of monetary damages. However, you are still entitled to these damages, which is why it’s essential that an experienced Houston maritime attorney work with the victim.

PUNITIVE DAMAGES

The courts may give punitive damages when there is evidence of negligence that are gross or particularly an act of heinous conduct committed by the defendant. Contrary to economic or noneconomic damages the punitive damages are designed to be compensated for the victim, instead, they are intended to penalize the offender and discourage other people from engaging in the same conduct.

If you are calculating damages for a claim in calculating the amount of damages you should be aware of all the relevant elements such as the number of defendants involved, the type of defendant (e.g. corporations, a corporation) and insurance policy maximums and whether the plaintiff was partly at fault and the law applicable to your situation.

MARITIME WORKERS’ RIGHTS IN HOUSTON

Be aware of your rights could make the difference between one case that is successful and another unsuccessful case. One of the main legal issues that our marine lawyers are focused on include:

You have the right to choose which doctor you want
The right to receive medical care
The right to refuse to release a recorded declaration

If you are a maritime employee in Houston You have legal rights in the event that you get injured while working. What options are available to you will depend on the nature of your work, where you live the injury and circumstances specific to your particular situation. It is possible to submit an Longshoreman workers Compensation claim as well as an suit against your employer in accordance with the Jones Act, or an action brought by a third party against a uninvolved third party. An experienced Houston maritime attorney will review the situation and inform on your rights choices, as well as the accurate option for you.

CHOOSING THE RIGHT HOUSTON MARITIME ATTORNEY

The process of finding a maritime lawyer located in Houston may be overwhelming but it doesn’t have be. Here are three easy tips for selecting the ideal Houston maritime attorney:

Contact your friends, colleagues as well as family members. If you are trying to find the best lawyer to represent you The accurate first step is asking those close to you. You are likely to find somebody you know experienced a maritime accident before and could suggest a specific attorney for you.

Visit their website. Although we do not recommend solely online research however, it is an excellent resource to find out more about the lawyer, their achievements as well as client feedback. Visit their site along with other rating websites for attorneys including Avvo and Avvo, to get a sense of if they’re a suitable choice for you.

Consultations are scheduled. Once you have an initial list of possible lawyers or law firms, you must set up first consultations. Consultations are a great opportunity to find out more about the legal profession, discover what they can do to benefit you and also inquire whether they are available to work the matter.

We are Kolodny Law Firm, we provide free case evaluations and are ready for benefit you.